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FEDERAL INSURANCE COMPANY v. SABINE

No. 80 Civ. 5483 (RO).

587 F.Supp. 518 (1984)

FEDERAL INSURANCE COMPANY as Subrogee of Commonwealth Oil Refining Co., Inc., Plaintiff, v. M.T. "SABINE", her engines, boilers, etc., v. SABINE TOWING & TRANSPORTATION CO., INC., Defendants.

United States District Court, S.D. New York.

July 10, 1984.

Attorney(s) appearing for the Case

Bingham, Englar, Jones & Houston, New York City, for plaintiff; John T. Kochendorfer, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendants; Donald Denning, New York City, of counsel.

OPINION AND ORDER

OWEN, District Judge.

On the stipulated facts and an assessment of the testimony in the depositions, particularly that of Fred Oaks, and a study of the various product tests annexed to the Chodorowski deposition, I conclude that Oaks blundered by permitting further loading after the results of the 4 foot test were known, whether or not that test revealed a third and more serious cause of contamination, namely "lead" from gasoline in an...

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